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(영문) 창원지방법원 진주지원 2019.08.22 2019고단495
장애인복지법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall commit any act of assaulting or injuring the body of any disabled person.

Nevertheless, the Defendant served as the honorary director of the “C”, who is a protection facility for the disabled in Jinju-si, and served as a volunteer service for the disabled activities, and committed assault by the Defendant at around three times the victim's second hand, on May 2018, in the above “C” program learning room around 08:00, the victim D (hereinafter referred to as 49 years of age) with intellectual disability 1 in the above “C” program learning room in order to view the streke and streke the streke, and caused the victim to a cleaning, on the ground that the victim was stredd and streddd by stred.

Accordingly, the defendant assaulted the victim who is a disabled person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written accusation;

1. The application of F minutes, checking table of the status of user's human rights, investigation records of abuse of persons with disabilities, and recording records;

1. Article 86(3)3 of the Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018) and Article 59-9 subparag. 2 of the former Welfare of Disabled Persons Act (Amended by Act No. 15904, Dec. 11, 20

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is that the Defendant, who is obligated to protect the victim who is a disabled person whose expression of opinion is not free, assaults the victim, and is in bad condition to the contrary, the assault against the victim appears to be one-time, and the victim's mother appears to be one-time, taking into account the favorable circumstances that the victim's mother desires the wife, and the defendant's age, occupation, character, character, environment, motive, means and consequence of the crime, records, circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument of the instant case shall be determined as ordered by the order.

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